Issuance Limitation. Notwithstanding any other provision, at no time may the Corporation issue shares of Common Stock to Holder which, when aggregated with all other shares of Common Stock then deemed beneficially owned by Holder, would result in Holder owning more than 4.99% of all Common Stock outstanding immediately after giving effect to such issuance, as determined in accordance with Section 13(d) of the Exchange Act and the rules and regulations promulgated thereunder; provided, however, that Holder may increase such amount to 9.99% upon not less than 61 days’ prior notice to the Corporation. No provision of this paragraph may be waived by Holder or the Corporation.
Issuance Limitation. During the period beginning on the date of this Agreement and ending on the Termination Date, the Company shall not issue, sell or exchange, or agree or obligate itself to issue, sell or exchange or reserve, agree to or set aside for issuance, sale or exchange, (1) any Common Stock or Common Stock Equivalents, (2) any other equity security of the Company, including without limitation shares of preferred stock, (3) any other security of the Company which by its terms is convertible into or exchangeable or exercisable for preferred stock or other equity security; provided, however, that the foregoing shall not apply to any Excluded Security.
Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Issuer hereby represents that the Issuer (including all "subordinate entities" of the Issuer within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Lease is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000. Name/Title: Xxxxx X. Xxxx, Xx. / Mayor Name/Title: Xxxxxxx XxXxxxx / Finance Officer Your lease with CAPFIRST EQUIPMENT FINANCE, INC. requires you to maintain certain insurance coverage. In order to assist you with obtaining coverage from your insurance company, please provide us with the following agent information, as well as provide your insurance company with the requirements as shown below: NAME OF INSURANCE AGENT: ADDRESS: PHONE #: CONTACT PERSON: All Risk Personal Property and/or Loss Payee(s) As Their Interests EDP, if applicable May Appear: CapFirst Equipment Finance, Inc., and/or its assigns 0000 Xxx Xxxxx Xxxx X West Fargo, ND 58078 General Liability Additional Insured: CapFirst Equipment Finance, Inc., and/or its assigns 0000 Xxx Xxxxx Xxxx X West Fargo, ND 58078 The Insurance Certificate should show the coverage limits and the insurance carrier’s name(s) and policy number(s). Please have the Certificate of Insurance sent to CapFirst Equipment Finance, Inc. at the address above, or fax it to us at (000) 000-0000. WE WOULD APPRECIATE YOUR AGENT INCLUDING OUR LEASE NUMBER ON THE CERTIFICATE. I, Xxxxxxx XxXxxxx, do hereby certify that I am the duly elected or appointed and acting Finance Officer of the City of Deadwood, South Dakota (the “Lessee”), a political subdivision duly organized and existing under the laws of the State of South Dakota and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. Print Name Title Sample Signature Xxxxx X. Xxxx, Xx. Mayor
Issuance Limitation. The HFA hereby certifies that the principal amount of the Program Bonds does not exceed $25,000,000 and the amount allocated to the HFA under the Single-Family New Issue Bond Program.
Issuance Limitation. The HFA hereby certifies that the principal amount of the Program Bonds does not exceed the amount allocated to the HFA under the Multifamily New Issue Bond Program.
Issuance Limitation. The HFA hereby certifies that the sum of:
(i) the face amount of the Program Bonds; and
(ii) the face amount of the Market Bonds issued at the time of issuance of the Program Bonds; does not exceed the reasonable expectations requirement applicable to tax-exempt mortgage revenue bonds. The principal amount of the Program Bonds does not exceed the amount allocated to the HFA under the Single-Family New Issue Bond Program.
Issuance Limitation. During the period beginning on the Closing Date and ending on the Termination Date, the Company shall not issue, sell or exchange, or agree or obligate itself to issue, sell or exchange or reserve, agree to or set aside for issuance, sale or exchange, (1) any Senior Securities or Pari Passu Securities, (2) any other security of the Company which by its terms is convertible into or exchangeable or exercisable for any Senior Security or Pari Passu Security, or (3) any option, warrant or other right to subscribe for, purchase or otherwise acquire any such security described in the foregoing clauses (1) and (2); provided, however, that the foregoing shall not apply to the issuance of Permitted Debt.
Issuance Limitation. During the period beginning on the Execution Date and ending on the date that is 90 days after the Effective Date, the Company shall not effect a Subsequent Placement. During the period beginning on the Execution Date and ending on the Termination Date, the Company will not permit any Company Subsidiary to effect a Subsequent Placement. During the period beginning on the Execution Date and ending on the Stockholder Amendment Approval Date, the Company shall not effect a Subsequent Placement that constitutes a Dilutive Issuance (as defined in the Warrants).
Issuance Limitation. During the period beginning on the date of this Agreement and ending on the 30th day following the Effective Date (as defined in the Resale Registration Rights Agreement), the Company shall not issue, sell or exchange, or agree or obligate itself to issue, sell or exchange or reserve, agree to or set aside for issuance, sale or exchange, (1) any shares of Common Stock, (2) any other equity security of the Company, including, without limitation, shares of preferred stock, (3) any other security of the Company which by its terms is convertible into or exchangeable or exercisable for any equity security of the Company, or (4) any option, warrant or other right to subscribe for, purchase or otherwise acquire any such security described in the foregoing clauses (1) through (3); provided, however, that the foregoing shall not apply to any issuance of shares of Common Stock or Common Stock equivalents (A) upon the exercise of any options or warrants outstanding, (B) upon the exercise of any Warrants or upon the Conversion, or (C) to employees, directors, or consultants pursuant to any stock option or equity incentive plan or other compensation plan, program, agreement or arrangement as long as, in the case of clauses (A) and (C), the terms of any such options, warrants, plan, programs, agreements, or arrangements are not materially amended.
Issuance Limitation. Notwithstanding anything herein to the contrary herein or in the Purchase Agreement or any other Transaction Documents, if the Company has not obtained Shareholder Approval, then the Company may not issue, upon conversion of the Series F Preferred Stock, any Underlying Shares. “Shareholder Approval” means such approval as may be required by the applicable rules and regulations of the Nasdaq Stock Market (or any successor entity) from the shareholders of the Company with respect to the transactions contemplated by the Transaction Documents, including the issuance of all of the Underlying Shares in excess of 19.99% of the issued and outstanding Common Stock on the Closing Date.
